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FINRA AWC's for September - Firms (Day 2)

September 17, 2010

In September, FINRA reported 23 fines and sanctions against 22 firms, with fines ranging up to $350,000.   Today's stories ...

  1. Sold Unregistered Stock, Had Blind Eye to Suspicious Activity.
  2. Sold Corporates to Customers at an 'Unfair' Price.
  3. Charged Excessive Commission on Muni Bond Trades.
  4.     [ September Disciplinary Actions ]

    1. Sold Unregistered Stock, Had Blind Eye to Suspicious Activity.   NY-based Murphy & Durieu will pay a $75K fine, settling FINRA charges that the firm sold $790,000 worth of unregistered shares of stock for which no exemption from registration applied.  Nor did the firm conduct a “searching inquiry” to ensure that the sales did not violate Section 5 of the Securities Act.  Among the noted compliance deficiencies:  (i) WSP didn't require an inquiry to be conducted into whether deposited stock shares were registered with the SEC or exempt from registration;  (ii) firm failed to implement or enforce its AML program, by failing to identify activity in corporate accounts as suspicious, failing to investigate it, and/or filing Form SAR-SF as appropriate.  (FINRA Case #2008013233001)

    2. Sold Corporates to Customers at an 'Unfair' Price.   TX-based Mutual Money Investments, Inc. will pay $35K in fines and disgorgement, and revise its WSP's re: fair pricing of securities, settling FINRA charges that the firm sold corporate bonds to customers and failed to do so at a fair price - fair price is, in part, determined by considering such factors as present market conditions, the expense involved, and the firm's entitlement to a profit.  That, apparently was not the case with Mutual Money.  [C-I:  An expensive ding.] (FINRA Case #2005002341901)  

    3. Charged Excessive Commission on Muni Bond Trades..   NJ-based UBS Financial Services Inc. will pay nearly $19K in fines and restitution - firm had earlier paid restitution of $6,600 to other customers - settling FINRA charges that the firm purchased or sold muni bonds as agent for a customer, and applied a commission or service charge that was not fair and reasonable, factoring in the availability of the securities involved in the transaction; the expense of executing or filling the customer’s order; the value of the services rendered by the firm;  and, the amount of any other applicable compensation.   (FINRA Case #2008014720301)